13 Mar 2007
MARK ALEXANDER TURNER AND ANOTHER v. HUNG HOK MAN
- Citation
- MARK ALEXANDER TURNER AND ANOTHER v. HUNG HOK MAN
- Court
- Court of First Instance
- Case number
- HCA2387/2004
The court found the First Requisition (unauthorised alienation under Special Condition 6 of New Grant No.6796) was not withdrawn and was not satisfactorily answered because the vendor did not obtain authoritative confirmation from the District Lands Office; the clause 16.02 rescission notice was ineffective in the circumstances; the Further Requisitions were raised out of time and therefore waived; the Defendant's failure to satisfactorily answer the First Requisition amounted to a repudiatory breach accepted by the Plaintiffs; consequence: Agreement rescinded, deposits returned with interest…